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船舶碰撞不同于其他争议,其特点表现为事故的突发性以及由此带来的管辖权的不稳定性,这些特点决定了管辖权在解决船舶碰撞争议中的特殊地位。 一、确定船舶碰撞管辖权的意义 船舶碰撞的当事人在事故发生前往往是彼此陌生的,不可能有机会协商确定各自的权利与义务及选择争议的法院和所适用的法律、确定管辖权和选择法院又是处理碰撞争议所首先遇到的问题,对当事人关系极大。
Ships collision is different from other controversies, which are characterized by the sudden accident and the instability of jurisdiction resulting from it. These characteristics determine the special status of jurisdiction in resolving the collision of ships. I. DEFINING THE SIGNIFICANCE OF COLLAPSING JURISDICTION OF JETS The parties to a ship’s collision are often unfamiliar with each other before an accident and it is impossible to have the opportunity to negotiate to determine their respective rights and obligations and to choose the court of dispute and the applicable law to determine jurisdiction and choice The court is also the first to deal with the problems encountered by the collision controversy and has a great relationship with the parties concerned.